Victorian Consolidated Legislation

Land Act 1958 - SECT 60

Limit of land to be held under perpetual lease

60. Limit of land to be held under perpetual lease



(1) No person shall hold under this Part as perpetual lessee either in his own
name or the name or names of any other person or persons more than 1170
hectares of land.

(2) If any person except as hereinafter mentioned holds lands or any estate or
interest in lands contrary to the provisions of this section, such lands or so
much thereof as may be held contrary to the provisions of this section shall
be liable to be forfeited to Her Majesty, and the particular lands to be so
liable to be forfeited shall be determined by the following rules:

   (a)  if a person who is a perpetual lessee of lands not exceeding 1170
        hectares becomes the perpetual lessee of other lands so as to exceed
        that limit, that person's estate or interest in the lands which exceed
        that limit are liable to be forfeited;

   (b)  a person referred to in paragraph (a) forfeits none of the lands of
        which that person was the owner before he or she exceeded the limit of
        1170 hectares;



   (c)  the Minister may determine, by notice in writing given to the lessee,
        which part of the lands in excess of the limit are liable to be
        forfeited.



(3) If any person by or under any will or as one of the next of kin of any
deceased person or by reason of any estate or interest in expectancy falling
into possession or by survivorship or by the foreclosure of any mortgage
becomes the perpetual lessee of any lands and by reason thereof he becomes
such perpetual lessee of land to a greater extent than the extent hereby
permitted, such person shall not be deemed to hold such lands contrary to the
provisions of this section until the expiration of five years from the death
of the testator or intestate or the falling of such estate or interest into
possession or the death of the person upon whose death any estate or interest
accrues by survivorship to such first-mentioned person or the foreclosure of
such mortgage as the case may be.

(4) If any mortgagee of any lands takes possession of such lands as perpetual
lessee he shall after the expiration of five years from taking such possession
be deemed to hold such lands as perpetual lessee within the meaning of this
section.

(5) Every person holding any lands or any estate or interest in lands contrary
to the provisions of this section, in addition to the liability to forfeiture
hereinbefore provided for, shall be liable to a penalty of not more than 50
cents for every hectare of such lands held by him contrary to the provisions
of this section, and an additional penalty of the same amount for every year
he may hold the same.

(6) If lands become liable to be forfeited under the provisions of this
section such lands may be forfeited while held by the person by whom the
forfeiture was incurred or by any person claiming under him not being a bona
fide purchaser for value, but such lands shall not be liable to be forfeited
after they have passed into the hands of any bona fide purchaser for value
claiming under any such person.

(7) If any person who is the perpetual lessee of lands to an extent beyond the
extent of which any person is permitted to be the perpetual lessee is an
infant or lunatic, any executor administrator or trustee in whom such lands
may be vested on behalf of such infant or lunatic or if there is none the
guardian (if any) of the estate of such infant or the committee or guardian of
the estate of such lunatic shall sell such lands estate or interest or so much
thereof as may be necessary to reduce the extent of which such infant or
lunatic is the perpetual lessee to the extent permitted by this section and
apply the proceeds as part of the estate of such infant or lunatic; and if
such lands are so sold within five years after the date at which such infant
or lunatic became the perpetual lessee of lands to an extent in excess of the
extent permitted by this section such lands shall not be liable to forfeiture
under the provisions of this section unless a forfeiture was incurred previous
to such infant or lunatic
becoming the perpetual lessee or to the lunacy of such lunatic; and such
executor administrator trustee guardian or committee is hereby empowered and
directed to execute proper transfers and assurances for the purpose of vesting
such lands in the purchasers thereof which shall be as effectual for that
purpose as if the infant or lunatic were of full age and sound mind and
executed the same.



* * * * *